The consequences of non-compliance with the principal of legal security and the impact on the

rule of law

First of all, there should be mentioned that legal security represents the key element for
the stability of the law system. But frequent changes to the elements of the system such as
modifications, additions or repeals of certain norms create uncertainty, lack of trust in the system
and the risk of non-uniform applications of the law. The outgrowing complexity of laws has
become the weak spot for the economy and for society as a whole. In 2003 the French
Government state that “the new and complex set of laws that we are facing can destroy the
clarity of the decision made by the Government and the Parliament and induces doubt in the
society regarding the effectiveness of the political decisions.”. The negative effects are felt at the
judicial level, the economic level, and social level in general brought by the difficulty of
integrating community norms in the national law system. The judiciary is constrained by massive
flux of community law, accords and treaties that must be transposed, obligation that is found in
every member state constitution. Another issue in this subject is the negative influence of
extraordinary parliamentary sessions or the excessive use by the Government of the emergency
procedure. In society the effect is felt as chaos, perceiving the law as an abstract, inaccessible
and unstable, and for this the citizen can no longer know the law and act accordingly. “Faced
with the instability of the law, the principal of legal security comes as a last resort for the
supreme jurisdictions for maintain the order and allow the law to fulfil its mission” [CITATION
Oli05 \l 1033 ], for initiating such action one must first impose a reform, in the sense that the most
useful way to simplify the legislation is to avoid the sedimentation of old norms. This process
represents the continuous analysis of legal texts on the same topic with the purpose of efficient
systematization and simplification of legal norms, and for this the Romanian legal system has the
Legislative Council who’s purpose is to consult the Parliament, approves project of legal norms
for systematization, unification and coordination of the entire legislation and keeps a record of
all legislation.
The consequences of non-compliance with the principal of legal security manifest as:
poorly written law, that are unprecise, frequent changes which spike uncertainty; lack of
sanctions; the negligence, lack of interest and abuses of public officials; illegal practice of the
Executive Power; the failure of the Judiciary Power; abuses and unconstitutional practices of the
Legislative Power and most dangerous the abuses regarding the constituent Power [ CITATION
Răd32 \l 1033 ]. What those consequences represent is organizing the magistrates in an
inappropriate manner, wrong interpretations of the law (too wide or too narrow), frequent
alterations to the law with disregard for the citizens, inconsideration of constitutional laws. In the
case of the constituent Power, the effects can be disastrous because it has the power to dismantle
any rights, the freedom of the press, can allow law to have retroactive power, and so on. All
those are possible consequences when the principal of legal security and inherently the rule of
law, are not respected and upheld to their standards.
Bibliography
A., Rădulescu. 1932. Siguranţa dreptului. Bucureşti: Curierul Judiciar,.
Lamothe, Olivier Dutheillet de. 2005. Cross-views of legal security. The Franco-Brazilian
Seminar.